Quarterly FCPA Report: First Quarter 2011
By The Global Compliance and Disputes Practice
Following 2010s record year of Foreign Corrupt Practices Act (FCPA) enforcement, 2011 began steadily with four company and seven individual defendants one of which included a blockbuster forfeiture and with a flurry of litigation activity challenging DOJs prosecution theories and tactics. Individual defendants in various cases filed during 2009 and 2010 challenged long-standing definitions of key components of the FCPA. In total, there were four corporate settlements of U.S. Securities and Exchange Commission (SEC) charges, two of which also entered into deferred prosecution agreements with the U.S. Department of Justice (DOJ). There were also five guilty pleas, two sentencing decisions, and one settlement with the SEC by individual defendants.